JML Direct Ltd v Freesat UK Ltd [2010] EWCA Civ 34 (02 February 2010)

JML Direct Ltd v Freesat UK Ltd [2010] EWCA Civ 34 (02 February 2010)

Freesat's contractual discretion to allocate EPG channels was subject only to rationality and compliance with the Listing Policy and Ofcom Code; the Code did not require exhaustive publication of all factors, nor did the contract require weight to be given to every criterion. Freesat's reliance on BARB ratings and Freeview listings was rational, and its decision to give no weight to certain factors was permissible. No breach of contract or Code was established.

Citation
[2010] EWCA Civ 34
Parties
Claimant/appellant: JML Direct Ltd; Defendant/respondent: Freesat UK Ltd
Jurisdiction
England and Wales
Judgment Date
02 February 2010
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of Contract Discretion, Compliance With Regulatory Codes, Allocation of Electronic Programme Guide (epg) Listings, Implied Terms in Commercial Contracts, Fair and Effective Competition
Contract Law Broadcasting Law Competition Law Interpretation of Contract Discretion Compliance With Regulatory Codes Allocation of Electronic Programme Guide (epg) Listings Implied Terms in Commercial Contracts Fair and Effective Competition

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Parties

JML Direct Ltd

Claimant/appellant

Freesat UK Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Freesat breached contract by failing to apply its published method of EPG allocation
  2. 2 Whether Freesat was required to give weight to all published criteria in EPG allocation
  3. 3 Whether reliance on factors not expressly published (BARB ratings, Freeview listings) breached the Ofcom Code

Ratio Decidendi

Freesat's contractual discretion to allocate EPG channels was subject only to rationality and compliance with the Listing Policy and Ofcom Code; the Code did not require exhaustive publication of all factors, nor did the contract require weight to be given to every criterion. Freesat's reliance on BARB ratings and Freeview listings was rational, and its decision to give no weight to certain factors was permissible. No breach of contract or Code was established.

Court Disposition

Appeal dismissed